Two Saskatchewan agricultural companies have had a business relationship for more than a decade. One bought flax from the other.

In 2021, the buyer sent a photo of the new contract, via text, and asked the seller “please confirm flax contract”. A representative of the seller responded with a thumbs up emoji.

The seller did not ship any flax to the buyer. When the latter sued, the buyer argued that a contract never existed because it had not been signed.

A lower court agreed with the buyer saying that because the original text included a photo of the contract, with all the pertinent terms and that the seller, by responding with the emoji, effectively agreed with the terms. The emoji satisfied the need for a signature on the proposed contract.

The seller appealed. The appellate court agreed with the lower court decision. It said that the two parties had a longstanding relationship, that the photo text outlined all the required details and that the emoji was part of a chain and was “therefore, associated with th contract”.

https://www.cbc.ca/news/canada/saskatchewan/court-of-appeal-thumbs-up-emoji-contract-1.7415247